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Peru approves the guidelines for authorizing Compulsory Patent Licenses

The Peruvian Patent Office (Indecopi) has published its guidelines for the authorization of Compulsory Patent Licenses by means of Resolution No. 2706-2019/DIN-INDECOPI, of 19 September 2019.

A compulsory license is an exception to the exclusive right conferred by a patent and can be requested by any interested third party according to the conditions established under national legislation.

These new guidelines stipulate the requirements for the four types of compulsory licenses in Peru:

(1) Compulsory license due to non-exploitation of the patented subject-matter.

(2) Compulsory license on the grounds of public interest or national security, or on urgent grounds.

(3) Compulsory license for practices affecting free competition.

(4) Compulsory license for dependence on a patent belonging to a third party.

Said guidelines establish that an opinion from the Indecopi Economic Studies Management may be requested where deemed necessary.

Furthermore, according to the guidelines, resolutions granting a compulsory license may be challenged through a reconsideration or appeal within 15 business days following notification of the resolution.

Finally, the criteria for revoking and/or amending the compulsory license that may be requested by the parties involved or ex officio are established.

Indecopi thereby lays down the specific requirements for requesting a compulsory license, as well as the considerations for each type of license to be taken into account by the patent proprietor and the party requesting the license.

Álvaro Javier Arias